2aHawaii

General Topics => General Discussion => Topic started by: JiRal on October 14, 2013, 10:21:39 PM

Title: Are daggers illegal?
Post by: JiRal on October 14, 2013, 10:21:39 PM
Tried looking for the law but only mentions that it is illegal to conceal carry daggers along with the usual dangerous weapons.

Any info would be helpful. Thanks  :shaka:
Title: Re: Are daggers illegal?
Post by: Darmok and Jalad @Tanagra on October 14, 2013, 10:40:21 PM
Quote
You can own any knife you want as long as it is not a balisong or switchblade. You can open carry any knife. You can conceal carry any knife you want as long as it is not a dirk or dagger. There are no limits to the blade length of your concealed carry and you should be fine as long as you don’t use your knife in a dangerous and deadly way.

http://www.knifeup.com/hawaii-knife-law/ (http://www.knifeup.com/hawaii-knife-law/)

Short answer is, yes, they are legal to own and open carry.  No, they are  not legal to carry concealed.
Title: Re: Are daggers illegal?
Post by: Jbaroune on October 14, 2013, 10:45:42 PM
You could always carry a big hunting knife. 
Title: Re: Are daggers illegal?
Post by: JiRal on October 14, 2013, 10:58:12 PM
Shoots! Thanks for the quick answers guys  :thumbsup:
Title: Re: Are daggers illegal?
Post by: sliver on October 14, 2013, 11:38:33 PM
are you really going to carry a dagger?
Title: Re: Are daggers illegal?
Post by: Jbaroune on October 14, 2013, 11:45:19 PM
are you really going to carry a dagger?

Lol. I was thinking the same thing. At least you wouldn't get teased carrying a hunting blade. 
Title: Re: Are daggers illegal?
Post by: one2boost on October 15, 2013, 05:02:04 AM
Just carry one of them old school sugar cane knives/machetes.  The same types the old tatas used to use in the sugar cane fields and pineapple fields back in the day.
Title: Re: Are daggers illegal?
Post by: 808gmac on October 15, 2013, 08:12:35 AM
Just carry one of them old school sugar cane knives/machetes.  The same types the old tatas used to use in the sugar cane fields and pineapple fields back in the day.

Yeah, the Filipino "bolo" knife/machete...is it really legal to carry that anywhere, like in the mall?  People will probably call the police on you, and you will charged with terroristic something, or harrassment, or disturbing the peace, etc.....I would not want to try, and risk loosing my guns as well.
Title: Re: Are daggers illegal?
Post by: FATMANWA on October 15, 2013, 09:21:52 AM
Sword? To me the law says you can carry anything as long as it is not a dirk, dagger, swithblade or butterfly knife as long as it is not used as a weapon. If I am just walking around with a sword, does that make it a weapon? To me it is a no since I have no intent to use it as a weapon. But I am sure the general public would disagree.
Title: Re: Are daggers illegal?
Post by: rustyeleio on October 15, 2013, 09:39:12 AM
OK, Stupid question.  What is a dagger, as opposed to a knife?

As far as carrying in a shopping mall, that's private property so I
I would think that the owner can say no weapons of any kind which most do.  Just like in your house, you can say what is allowed or kick them out.
Title: Re: Are daggers illegal?
Post by: justin1098 on October 15, 2013, 11:57:12 AM
A dagger is a double edge pointy knife good for stabbing. I guess u could call it an assault knife.
Title: Re: Are daggers illegal?
Post by: HiCarry on October 15, 2013, 02:58:50 PM
Tried looking for the law but only mentions that it is illegal to conceal carry daggers along with the usual dangerous weapons.

Any info would be helpful. Thanks  :shaka:


Sorry, but I disagree with the interpretations previously provided. A "dagger" is legal to own, but not to carry, either concealed or open, or in your vehicle. Here's the relevant statue:

§134-51  Deadly weapons; prohibitions; penalty.  (a)  Any person, not authorized by law, who carries concealed upon the person's self or within any vehicle used or occupied by the person or who is found armed with any dirk, dagger, blackjack, slug shot, billy, metal knuckles, pistol, or other deadly or dangerous weapon shall be guilty of a misdemeanor and may be immediately arrested without warrant by any sheriff, police officer, or other officer or person.  Any weapon, above enumerated, upon conviction of the one carrying or possessing it under this section, shall be summarily destroyed by the chief of police or sheriff.
     (b)  Whoever knowingly possesses or intentionally uses or threatens to use a deadly or dangerous weapon while engaged in the commission of a crime shall be guilty of a class C felony. [L 1937, c 123, §1; RL 1945, §11114; RL 1955, §267-25; HRS §727-25; ren L 1972, c 9, pt of §1; am L 1977, c 191, §2; am L 1983, c 267, §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 195, §3 and c 281, §11; am L 1992, c 87, §4; am L 1993, c 226, §1; am L 1999, c 285, §2]
 
Case Notes
 
  Probable cause for violation of section when police officer saw gun in vehicle stopped for speeding.  430 F.2d 58.
  License to carry weapon as justification.  10 H. 585.
  Weapons discovered in automobile lawfully stopped for traffic offense; legality of search and seizure considered.  50 H. 461, 443 P.2d 149.
  Mentioned in connection with arrest without warrant after seeing pistol in automobile.  52 H. 497, 479 P.2d 800.
  "Other deadly or dangerous weapon" is limited to instruments whose sole design and purpose is to inflict bodily injury or death.  55 H. 531, 523 P.2d 299.
  A "diver's knife" is neither a "dangerous weapon" nor a "dagger".  "Deadly and dangerous weapon" is one designed primarily as a weapon or diverted from normal use and prepared for combat.  56 H. 374, 537 P.2d 14.
  Cane, butterfly and kitchen knives are not deadly or dangerous weapons.  56 H. 642, 547 P.2d 587.
  Sheathed sword-cane and wooden knuckles with shark's teeth were "deadly or dangerous weapons".  58 H. 514, 572 P.2d 1222.
  Statute does not require that weapons be "concealed" within the vehicle.  58 H. 514, 572 P.2d 1222.
  Vehicle stop being proper, seizure of weapons in plain view was authorized.  58 H. 514, 572 P.2d 1222.
  Shotgun is a deadly or dangerous weapon.  61 H. 135, 597 P.2d 210.
  A .22 caliber rifle is a "deadly or dangerous weapon".  63 H. 147, 621 P.2d 384.
  Nunchaku sticks are not per se deadly or dangerous weapons.  64 H. 485, 643 P.2d 546.
  The crime underlying a subsection (b) offense is, as a matter of law, an included offense of the subsection (b) offense, within the meaning of §701-109(4)(a), and defendant should not have been convicted of both the subsection (b) offense and the underlying second degree murder offense; thus, defendant’s conviction of the subsection (b) offense reversed.  88 H. 407, 967 P.2d 239.
  "Billy" as used in this section refers to "policeman’s club" or "truncheon"; a club-like implement designed for purpose of striking or killing fish is not a "billy"; section extends only to weapons deadly or dangerous to people.  10 H. App. 404, 876 P.2d 1348.
  Cited:  43 H. 347, 367; 10 H. App. 584, 880 P.2d 213.
Title: Re: Are daggers illegal?
Post by: OldFaithful on October 15, 2013, 08:11:08 PM
"Nunchaku sticks are not per se deadly or dangerous weapons.  64 H. 485, 643 P.2d 546."

Brb gonna get some nunchaku to carry around  :geekdanc:

"Deadly and dangerous weapon" is one designed primarily as a weapon or diverted from normal use and prepared for combat.  56 H. 374, 537 P.2d 14."

So we shouldn't carry around ka bars, but other folding knives are alright I'm guessing?
Title: Re: Are daggers illegal?
Post by: tanakattack on October 15, 2013, 10:12:11 PM
interesting.  I always thought double sided blades were illegal.  Good to know.
Title: Re: Are daggers illegal?
Post by: Aiea78 on October 16, 2013, 01:28:16 AM
wouldn't a double sided blade be considered a dagger though (or a dirk if large blade)?

(http://www.arizonacustomknives.com/uploads/images/products/0129884949427340000.jpg)

TDI probably a no go too?

(http://image.rockynational.com/Ka-Bar/Knives/1478/TDI-LDK-Last-Ditch-Knife-1.jpg?width=300)
Title: Re: Are daggers illegal?
Post by: tanakattack on October 16, 2013, 01:54:26 AM
wouldn't a double sided blade be considered a dagger though (or a dirk if large blade)?


TDI probably a no go too?


That's what i thought.

Which is why i thought all of that stuff was illegal.
Title: Re: Are daggers illegal?
Post by: bass monkey on October 16, 2013, 02:36:33 AM
interesting.  I always thought double sided blades were illegal.  Good to know.


It is illegal. Look at the post a few up from yours by "Hicarry". 
Your better off carrying a flashlight or a walking stick here in Hawaii. 
Title: Re: Are daggers illegal?
Post by: sworbeyegib on October 16, 2013, 04:13:36 AM
Daggers, and butterfly knives are indeed legal to own, but illegal to carry on you, whether it be open or concealed.  For the record, butterfly knives would fall into the category of "gravity knives".  If you had a butterfly knife that was pinned tight enough so that you couldn't flip it open (using gravity or inertia) then it would be fine (probably).

While Hawaii doesn't have any specific laws about length and open carry, in theory you could be wearing a large bowie, machete, or sword on your hip. BUT, if you are doing so in an obviously inappropriate place, and an officer see you or gets a call responding to you, he may say something along the lines that you are causing a public disturbance or disturbing the peace (as long as one person is complaining specifically).  He can't arrest you, but he can ask you to remove the item.  If you want to get into a shouting argument about it, then its your ass on the line.  This is one of those times you really just need some common sense.

You would also have to be careful about using it.  Pulling out a huge bowie to cut open a blister pack in the middle of ala moana would likely be considered brandishing a weapon.  It would likely need to be regulated strictly to self defense or appropriate work for the blade in question.

I'm also not 100%, but I do believe that sharpened "false" edges on the backs of knives or fine, and they do not fall under the "double bladed edge" rule.